G.R. No.

L-31657 January 31, 1984

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
EDGARDO VENGCO Y DAVID alias "Edwin", ROGELIO
ENCARNACION Y DE LOS SANTOS alias "Roger Pusa", ROMEO
SOLIBA Y REDOBLA alias "Romy", CONSTANTINO LENESES Y
MARILLANO alias Alexander Remonte y Marillano alias "Alex Remonte",
and LEON DAVID alias "Junior", defendants, CONSTANTINO LENESES
Y MARILLANO alias "ALEXANDER REMONTE Y MARILLANO" alias
ALEX REMONTE, defendant-appellant.

Facts: Constantino Leneses, Leon David, and three others (who did not file for an
appeal; includes Edwin Vengco) were found GUILTY of MURDER of Charlie
Celadeña, who died 24 August 1967. Both were sentenced of reclusion perpetua. 

Issue: Whether or not conspiracy for murder was present among the accused. 

Held: Yes. AFFIRMED with modification. The accused are (still) GUILTY of

MURDER and are charged of recluson perpetua. they have to pay the heirs of the
deceased in the sum of P30,000 as modified from the P12,000 as decided by the
lower court. There was conspiracy between Leneses, David, and the three others.
This conspiracy among them is discernable from the way they assaulted Celadeña,
as well as their conduct sometime before and immediately after the stabbing (eg.
Vengco chased Celadeña and threw bottles at him three or four nights before
Celadeña‘s death; David left Manila for Cavite where he hid himself until he was
arrested) shows that they had agreed to kill him. Conspiracy may be inferred
though no actual meeting among them is proven. The fact that they
were accomplishing the same unlawful act, each doing a part so that their acts,
although independent, were proven to be connected and cooperative, indicates a
closeness of personal association and concurrence of sentiment. 
Also, accused Leon David, even if he did not assault the victim at 
the scene of the crime (as testified by a credible witness) may be 
guilty as well since his hiding right after the crime until his arrest is a 
circumstance highly indicative of his guilt.